Ravikumar v. State Rep.By,The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.01.2025
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRL.OP No. 628 of 2025 Ravikumar
...Petitioner
Vs.
The State Rep. by The Inspector of Police Guduvancherry Police Station, Tambaram City.Crime No. 6 of 2024
...Respondent
PRAYER : This petition has been filed under Section 483 of BNSS, 2023, pleased to enlarge the petitioner on bail in CC No. 502 of 2024 on the file of the I Additional Special Court for EC and NDPS Act in crime No. 6 of 2024, on the file of the respondent police.
For Petitioner : Mr.R.Thamarai Selvan For Respondent : Mr. V. Meganathan, Government Advocate (Crl. side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 06.01.2024 for the alleged offences punishable under Sections 8 (c ) 20(b)(ii)(c) and 29(1) of NDPS Act in crime No. 6 of 2024 on the file of the respondent, seeks bail.
2. The case of the prosecution is that the respondent police found the accused persons with possession of 50 kgs of Ganja. Hence, the case.
3. The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case an is in judicial custody for the past one year. Hence, he prayed to allow this petition.
4. The learned Government Advocate (Crl.side) raised objection to grant bail stating that the petitioner has illegally been transported contraband from the Andhra Pradesh to Tamil Nadu and the contraband recovered from this petitioner is 30kgs and he is two previous cases including one NDPS case. Hence, he raised objection to grant bail.
5. Heard the learned counsel for the petitioner and the learned
Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, and taking note of the fact that the investigation is completed and the charge sheet has been filed and also taking into consideration the judgements of the Hon'ble Supreme Court in case of Ankur Chaudhary vs. State of Madhya Pradesh, wherein the Hon'ble Supreme Court held that " it is to observe that failure to conclude the trial within a reasonable time resulting in prolonged incarceration militates against the precious fundamental right guaranteed under Article 21 of the Constitution of India, and as such, conditional liberty overriding the statutory embargo created under Section 37(1)(b) of the NDPS Act may, in such circumstances, be considered' and the dictum laid down in the case in Rabi Prakash vs.
State of Odisha reported in 2023 SCC Online SC1109 that " The Prolonged incarceration, general militates against the most precious fundamental right guaranteed under Article 21 of the Constitution and in such a situation, the conditional liberty must override the statutory embargo created under Section 37(1)(b) of the NDPS Act. Considering the ratio laid down by the Apex Court in the above cases and also the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with the the following conditions.
6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties ( one blood surety and one local surety), each for a like sum to the satisfaction of the learned I Additional Special Court for EC and NDPS Act, Chennai, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
[b] the petitioner shall stay at Chennai and report before the Trial Court daily at 10.30 a.m, for a period of three months;
[c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the
petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS.
23.01.2025 pbl To
1. The I Additional Special Court for EC and NDPS Act, Chennai.
2. The Inspector of Police Guduvancherry Police Station, Tambaram City.
3. The Central Prison, Puzhal Chennai.
4. The Public Prosecutor, High Court of Madras.
T.V.THAMILSELVI, J.
pbl CRL.OP No. 628 of 2025 23.01.2025